American Bar Association
Legal Education and Uniform Laws Group

Legal Education and Uniform Laws Group

Who We Are

This group differs from other RPTE groups in that it surveys activities and information across the entire spectrum of property topics, rather than focusing on specific substantive areas. The group consists of the Legal Education and Uniform Laws committees. One of the group’s primary activities is Professors’ Corner, a free monthly webinar (on the second Wednesday of every month) which features a panel of law professors discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars.

Register here for next month’s Professors’ Corner program!

Programs, Meetings and Events

Committee Events

Professors' Corner: Equitable Subrogation in Mortgage Refinancing and Land Purchase Transactions

December 9, 2015
When a lender makes a mortgage loan to refinance an existing first mortgage, the lender typically expects its refinancing loan to have first priority. If there is an intervening lien on the mortgaged property, however, a priority dispute may result in which the intervening lienholder argues that the recording statutes give it priority over the refinancing lender’s mortgage lien.

In this situation, the principle of equitable subrogation may apply to allow the refinancing lender to be subrogated to the priority of the paid-off mortgage so as to obtain priority over the intervening lien. While the Restatement (Third) of Property: Mortgages (1997) embraced the application of equitable subrogation in this context, not all courts have embraced the Restatement approach.
Section Events

Committees in this Group

Other Links of Interest

Audio/Video: December 2013 Professors Corner (Ownership, Transfer, and Enforcement of Securitized Mortgage Loans)
December 2013 Professors Corner Powerpoint
Audio: November 2013 Professors Corner (Ownership and Transfer of Digital Assets)
November 2013 Professors Corner Powerpoint: Digital Assets
Prof. Beyer's Digital Estate Information Form
Audio: October 2013 Professors Corner (Current Issues in Common Interest Communities)
October 2013 Professors Corner Powerpoint (Current Issues in Common Interest Communities)
Audio: September 2013 Professors Corner (Implications of Same Sex Marriage)
September 2013 Professors Corner Powerpoint
Pat Cain, Income and Transfer Tax Issues After IRS Announcement on Same-Sex Marriage
Audio: August 2013 Professors Corner (Real Estate Issues in Bankruptcy)
Audio: July 2013 Professors Corner (Breaking Down Koontz v. St. John's River Water Management District)
Audio: June 2013 Professors Corner (Recent Case Review)
Audio: May 2013 Professors Corner (Commercial Leasing Roundtable)
Audio: March 2013 Professors Corner (Ripped from the Headlines)
Audio: February 2013 Professors Corner (REMICs and REMIC Failure)
Audio: January 2013 Professors Corner (A Fracking Primer for Real Property Lawyers)
Audio: December 2012 Professors Corner (The Future of Impact Fees and Growth Management)
Audio: November 2012 Professors Corner (Recent Developments in Title Insurance/Title Services)
Audio: October 2012 Professors Corner (Can/Should Municipalities Take Residential Mortgages?)

LISTSERV Communication

In order to send a message to the listserve, send the message as an email to the address below. You must be a member of the Committee to use the listserve.

In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.



Committee Roster  

Modified by Adam Bielawski on November 30, 2015

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